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Q&A

Denying FMLA leave: What’s a ‘key’ employee?

11/14/2009

Q. When can we deny an employee FMLA leave because of hardship? We have only two nurses, and one is going out on FMLA leave so the other must be present.

Are there any automatic disabilities according to the new ADA Amendments Act regulations?

11/13/2009

Q. I understand that the EEOC proposals to implement the ADA Amendments Act (ADAAA) favor a broad interpretation of the term “disability.” Are there any impairments that would always qualify as a disability?

Must we provide extended leave for employee to care for son wounded in the line of duty?

11/11/2009

Q. One of our employees has requested medical leave to care for her 35-year-old son who was injured in combat duty. The employee indicated that she will probably need more than 12 weeks of leave. Do we have to give her more than 12 weeks of leave?

What do we need to do before implementing a drug and alcohol testing program?

11/11/2009

Q. My company wants to begin substance-abuse testing of employees that it suspects are under the influence of drugs or alcohol in the workplace. We already have a drug- and alcohol-free workplace policy. Is there anything else we need to do to allow us to test employees for illegal drugs or alcohol?

Can we require employees to get flu vaccine?

11/09/2009

Q. Can I require my employees to be vaccinated against the flu? I am concerned about the impact H1N1 will have on my business if it spreads among my employees, and a large group needs to take time off.

Harassment by text: Is this my problem?

11/09/2009

Q. An employee complained that a co-worker was sending her sexually suggestive text messages and leaving inappropriate comments on her Facebook “wall.” Do I have any obligations to investigate?

What wage-and-hour records must we track?

11/09/2009

Q. What are my responsibilities as an employer for maintaining employees’ wage records?

Can I hold obesity against job applicants?

11/09/2009

Q. Can I implement a rule against hiring people who are overweight?

Is refusing to sign a disciplinary notice itself a reason for further discipline?

11/05/2009

Q. We recently disciplined an employee for poor performance. She did not agree with our assessment and is refusing to sign the memo documenting our discussions. Can we discipline her for her refusal to sign this memo?

What counts as a true meal break?

11/04/2009

Q. Sometimes we hold important meetings at lunch and provide food. An employee then takes her lunch hour after. Can we tell her she can’t do that?